Original article by Henan Guangfa (Luoyang) Law Firm, **Please indicate the source!
*Editor: Li Hua.
Basis of trial
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures. 
Brief facts of the case
On July 8, 2023, a cultural media in Anhui Province signed the "Douyin Signing Agency Business Agency Contract" with Ms. Pei from a county in Luoyang, stipulating that the media company will bind Ms. Pei's official account of Douyin Store and ensure that the binding is successful, the contract period is 5 to 7 working days, and the agency remuneration is 21,500 yuan, and Ms. Pei will pay the fee to the company within 1 working day after the account is successfully bound.
After the contract was signed, the media company actively carried out agency work to authenticate the blue V logo and store account for Ms. Pei's clothing store. On July 12, after successfully completing the binding of the official account as agreed in the contract, the staff of the media company sent Ms. Pei Alipay and WeChat payment codes in the WeChat work group chat, but Ms. Pei has not paid. The next day, the staff sent a Notice of Termination of the Agreement to Ms. Pei to collect the payment, but was refused.
The media company entrusted the Luoyang Law Firm to file a lawsuit with the People's Court of a county in Luoyang City, where Ms. Pei was domiciled, in the case of a dispute over a network service contract.
Case Handling
Ms. Pei refused to pay the remuneration, arguing that the media company had breached the contract and should compensate for her losses. The person argued that after the contract was signed, Ms. Pei provided the required information to a cultural media in Anhui according to the contract. On July 12, 2023, the staff of the media company suddenly informed that it was not the official Douyin account bound to Ms. Pei, but another talent-mixed business account, which did not obtain Ms. Pei's consent in advance, resulting in the purpose of the two parties signing the "Douyin Signing Agency Business Agency Contract" unable to be realized. According to the second clause of the contract, "Party A shall pay the agency fee within 1 working day after the official account of Doudian is successfully bound." "The current media company has not successfully bound the official account of Doudian, and its breach of contract has made it impossible to achieve the purpose of the contract, so it should not pay the agency fee. In addition, it was asserted that the media company should restore Ms. Pei's account to its original state and bear the losses caused by the breach of contract. Due to the wrong binding behavior, the unbinding of the "Daren-Hybrid Business Account" needs to wait until January 8, 2024, which caused Ms. Pei half a year of operating losses. According to Article 929 of the Civil Code of the People's Republic of China, "In a paid entrustment contract, if the loss of the client is caused by the fault of the trustee, the client may claim compensation for the loss. In the case of a gratuitous entrustment contract, if the client suffers losses due to the trustee's intention or gross negligence, the client may request compensation for the losses. Where the trustee exceeds his authority and causes losses to the client, the losses shall be compensated. Therefore, the media company shall compensate for losses caused by its fault in accordance with the law.
The lawyers of the Luoyang Law Firm collected evidence to show that Ms. Pei's shop was a self-employed store and did not have the qualifications to operate as a company. According to Article 3 of the "Implementation Rules for the Binding of Official Accounts of Stores" on the Douyin platformArticle 2 stipulates that the authentication information is the store account, and a cultural media in Anhui completed the binding of the official account of the Doudian on July 12 according to the contract, and Ms. Pei should pay the remuneration. Ms. Pei's failure to pay remuneration constitutes a breach of contract, and she shall bear the liability for breach of contract for payment of remuneration and compensation for losses, and require Ms. Pei to pay remuneration of 21,500 yuan and corresponding interest.
Case outcome
After the trial of this case, the first-instance judgment is as follows: the defendant Ms. Pei shall pay a cultural media in Anhui a remuneration of 21,500 yuan within 10 days from the effective date of this judgment and the interest calculated on the basis of 21,500 yuan from July 15, 2023 to the date of actual repayment according to the loan market ** interest rate announced by the National Interbank Funding Center.
After the judgment came into effect, a cultural media in Anhui Province mailed a pennant to the Guangfa Luoyang Law Firm thousands of miles away, with the letter: "High-quality service for the people, dedication and responsibility, lawyer model".
Lawyer handling the case: Liu Xinyan.
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